Texas § 53.104 APPOINTMENT OF ATTORNEYS AD LITEM.

Texas Statutes

§ 53.104 — APPOINTMENT OF ATTORNEYS AD LITEM.

Texas § 53.104

Code ESEstates Code

This text of Texas § 53.104 (APPOINTMENT OF ATTORNEYS AD LITEM.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Estates Code Code Ann. § 53.104 (2026).

Text

Sec. 53.104. APPOINTMENT OF ATTORNEYS AD LITEM.

(a)Except as provided by Section 202.009 (b), the judge of a probate court may appoint an attorney ad litem in any probate proceeding to represent the interests of any person, including:

(1)a person who has a legal disability under state or federal law;

(2)a nonresident;

(3)an unborn or unascertained person;

(4)an unknown heir;

(5)a missing heir; or

(6)an unknown or missing person for whom cash is deposited into the court's registry under Section 362.011 .

(b)An attorney ad litem appointed under this section is entitled to reasonable compensation for services provided in the amount set by the court. The court shall:

(1)tax the compensation as costs in the probate proceeding and order the compensation to be paid out of the estate or b

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Sec. 53.104. APPOINTMENT OF ATTORNEYS AD LITEM. (a) Except as provided by Section 202.009 (b), the judge of a probate court may appoint an attorney ad litem in any probate proceeding to represent the interests of any person, including:
(1) a person who has a legal disability under state or federal law;
(2) a nonresident;
(3) an unborn or unascertained person;
(4) an unknown heir;
(5) a missing heir; or
(6) an unknown or missing person for whom cash is deposited into the court's registry under Section 362.011 .
(b) An attorney ad litem appointed under this section is entitled to reasonable compensation for services provided in the amount set by the court. The court shall:
(1) tax the compensation as costs in the probate proceeding and order the compensation to be paid out of the estate or by any party at any time during the proceeding; or
(2) for an attorney ad litem appointed under Subsection (a)(6), order that the compensation be paid from the cash on deposit in the court's registry as provided by Section 362.011 .

Legislative History

Added by Acts 2009, 81st Leg., R.S., Ch. 680 , Sec. 1, eff. January 1, 2014. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912 ), Sec. 5, eff. January 1, 2014.